Bargo's trial in Seath Jackson murder postponed until August

Michael Bargo, left, looks on with attorney Candace Hawthorne during a hearing on Wednesday.

Bruce Ackerman/Star-Banner

By Vishal PersaudStaff writer

Published: Thursday, January 17, 2013 at 4:47 p.m.

Last Modified: Thursday, January 17, 2013 at 4:47 p.m.

Circuit Judge David Eddy ordered Thursday that a PET scan be performed on Michael Bargo and granted defense attorneys' motion to continue Bargo's trial — postponing the start date for another six months.

The new tentative start date is Aug. 12.

Bargo, 20, is the last of the co-defendants to be tried in the killing of 15-year-old Seath Jackson of Summerfield. Prosecutors believe Bargo was the gunman, and they are seeking the death penalty.

In court Thursday, defense attorneys Candace Hawthorne and Charles Holloman presented testimony from Robert M. Berland, a Tampa psychiatrist who evaluated Bargo and told the court that a PET scan was "critical" in the case.

Berland testified that he believes Bargo is "severely mentally ill" and is prone to bouts of delusional and paranoid thinking brought on by a severe brain injury.

The psychiatrist surmised that Bargo's condition could have been brought on by incidents of head trauma: He was hit in the head with a brick during a fight when he was 14 or 15 and fell off the roof of a house at age 12.

Berland said the PET scan was critical to determine whether Bargo has brain damage.

Eddy determined that allowing for the PET scan actually would help avoid future delays.

The judge said his order served to avoid arguable grounds for appeal. The move would also help defense attorneys adequately prepare mitigating evidence in the penalty phase of Bargo's trial, were it to reach that phase.

All of Bargo's co-defendants are serving life sentences. A fifth, charged with being an accessory after the murder, was found legally incompetent to stand trial.

Contact Vishal Persaud at 867-4065, vishal.persaud@starbanner.com or on Twitter @vishalpersaud.

<p>Circuit Judge David Eddy ordered Thursday that a PET scan be performed on Michael Bargo and granted defense attorneys' motion to continue Bargo's trial — postponing the start date for another six months.</p><p>The new tentative start date is Aug. 12.</p><p>Bargo, 20, is the last of the co-defendants to be tried in the killing of 15-year-old Seath Jackson of Summerfield. Prosecutors believe Bargo was the gunman, and they are seeking the death penalty.</p><p>In court Thursday, defense attorneys Candace Hawthorne and Charles Holloman presented testimony from Robert M. Berland, a Tampa psychiatrist who evaluated Bargo and told the court that a PET scan was "critical" in the case.</p><p>"I believe he's had a psychotic disturbance for many years," Berland said, appearing via telephone conference.</p><p>Berland testified that he believes Bargo is "severely mentally ill" and is prone to bouts of delusional and paranoid thinking brought on by a severe brain injury.</p><p>The psychiatrist surmised that Bargo's condition could have been brought on by incidents of head trauma: He was hit in the head with a brick during a fight when he was 14 or 15 and fell off the roof of a house at age 12.</p><p>Berland said the PET scan was critical to determine whether Bargo has brain damage.</p><p>Prosecutors were visibly frustrated with another six-month delay.</p><p>"The state's ready today (to go to trial)," said Assistant State Attorney Amy Berndt.</p><p>Eddy determined that allowing for the PET scan actually would help avoid future delays.</p><p>The judge said his order served to avoid arguable grounds for appeal. The move would also help defense attorneys adequately prepare mitigating evidence in the penalty phase of Bargo's trial, were it to reach that phase.</p><p>All of Bargo's co-defendants are serving life sentences. A fifth, charged with being an accessory after the murder, was found legally incompetent to stand trial.</p><p><i>Contact Vishal Persaud at 867-4065, vishal.persaud@starbanner.com or on Twitter @vishalpersaud.</i></p>